Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 1992 Equality and Diversity: The Eighteenth-Century Debate About Equal Protection and Equal Civil Rights Philip A. Hamburger Columbia Law School,
[email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Civil Rights and Discrimination Commons, Fourteenth Amendment Commons, Law and Philosophy Commons, Law and Race Commons, and the Legal History Commons Recommended Citation Philip A. Hamburger, Equality and Diversity: The Eighteenth-Century Debate About Equal Protection and Equal Civil Rights, 1992 SUP. CT. REV. 295 (1992). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/482 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact
[email protected]. PHILIP A. HAMBURGER EQUALITY AND DIVERSITY: THE EIGHTEENTH-CENTURY DEBATE ABOUT EQUAL PROTECTION AND EQUAL CIVIL RIGHTS Living, as we do, in a world in which our discussions of equality often lead back to the desegregation decisions, to the Fourteenth Amendment, and to the antislavery debates of the 1830s, we tend to allow those momentous events to dominate our understanding of the ideas of equal protection and equal civil rights. Indeed, historians have frequently asserted that the idea of equal protection first developed in the 1830s in discussions of slavery and that it otherwise had little history prior to its adoption into the U.S. Constitution.1 Long before the Fourteenth Amendment, how- ever-long before even the 1830s-equal protection of the laws and equal civil rights were hardly notions unknown to Americans, who used these different standards of equality to address problems of religious diversity.